Employment Tribunal Rules on Disability Discrimination and Pay Statements
📌 In brief
In this case, an employment tribunal heard a dispute between a worker and their employer regarding disability discrimination and breaches of employment rights. The judge ruled that the employer failed to provide necessary pay statements and treated the employee unfairly due to their disability in certain instances, but did not find direct discrimination.
⚖️ Legal holding
An employer must provide written itemised pay statements and cannot treat an employee unfavourably due to their disability or request unnecessary sick notes.
📖 What the law says
Direct discrimination occurs when someone is treated less favorably because of a protected characteristic such as age, disability, marriage, civil partnership, race, or sex. However, there are exceptions for certain characteristics like age and disability.
An employer must provide a worker with a written itemised pay statement at or before the time of wage or salary payment. The statement should include details such as the gross amount, variable and fixed deductions, net amount, and total hours worked if applicable.
Plain-English explanation — does not replace advice from a solicitor.
📖 Technical summary
The claimant's disability discrimination and breach of employment rights claims partially succeeded, while direct discrimination was dismissed.
📜 Headnote Official document
The Employment Judge ruled that the employer failed to provide written itemised pay statements as required by law. The claimant was found to be disabled due to depression, and certain unfavourable treatments were upheld while direct discrimination claims were dismissed.
📚 Full judgment Official document
OUTCOME: Allowed in Part
Case Number: 3303871/2024
EMPLOYMENT TRIBUNALS
Claimant: [redacted]
Respondent: [redacted]
Reading (by video) On:
2 March 2026
Before:
Employment Judge Milner-Moore
Representation Claimant: [redacted]
Respondent: [redacted] The complaint of unauthorised deductions from wages is dismissed upon withdrawal
Written Itemised Pay Statements The respondent failed to give the claimant written itemised pay statements as required by section 8 Employment Rights Act 1996 in the period November 2023 to April 2024
Disability At the relevant times, the claimant was a disabled [APPELLANT] as defined by section 6 Equality Act 2010 because of depression.
Direct Disability Discrimination The complaint of direct disability discrimination is not well-founded and is dismissed.
Unfavourable treatment because of something arising in consequence of disability The following complaints of unfavourable treatment because of something arising in consequence of disability are well-founded and succeed:
a. On or around 3 November 2023, the respondent requested the provision of sicknotes although the claimant had already provided a self-certificate.
b. The respondent refused to treat the claimant’s bereavement related absence during October 2023 as annual leave, with the result that the claimant received lower pay than normal in relation to October 2023.
c. On or around January 2024, when the claimant was absent on sick leave, the Respondent informed a customer that the Claimant no longer worked for the Respondent.
d. The Respondent did not make timely payments of statutory sick pay due to the Claimant between December 2023 and February 2024,
The remaining complaints of being unfavourable treatment because of something arising in consequence of disability are not well-founded and are dismissed.
Harassment The complaint of harassment related to disability is well-founded and succeeds.
Approved by:
Employment Judge Milner-Moore 2 March 2026
JUDGMENT SENT TO THE PARTIES ON
30 April 2026
FOR THE TRIBUNAL OFFICE
Notes Reasons for the judgment having been given orally at the hearing, written reasons will not be provided unless a request was made by either party at the hearing or a written request is presented by either party within 14 days of the sending of this written record of the decision. If written reasons are provided they will be placed online.
All judgments (apart from judgments under Rule 51) and any written reasons for the judgments are published, in full, online at https://www.gov.uk/employment-tribunal-decisions shortly after a copy has been sent to the [NAME]. If a Tribunal hearing has been recorded, you may request a transcript of the recording. Unless there are exceptional circumstances, you will have to pay for it. If a transcript is produced it will not include any oral judgment or reasons given at the hearing. The transcript will not be checked, approved or verified by a judge. There is more information in the joint Presidential Practice Direction on the Recording and Transcription of Hearings and accompanying Guidance, which can be found here:
www.judiciary.uk/guidance-and-resources/employment-rules-and-legislation-practice-directions/
Case Number: 3303871/2024
EMPLOYMENT TRIBUNALS
Claimant: [redacted]
Respondent: [redacted]
The response is struck out.
REASONS
1. By a letter dated 29 January 2025 the Tribunal gave the respondent an opportunity to make representations or to request a hearing, as to why the response should not be struck out because
• it has not been actively pursued.
2. The respondent has failed to make representations in writing, or has failed to make any sufficient representations, why this should not be done or to request a hearing. The response is therefore struck out.
3. The respondent will be entitled to notice of any hearings and decisions of the Tribunal but will only be entitled to participate in any hearing to the extent permitted by the Employment Judge.
Approved by:
Employment Judge Shastri-Hurst
Dated: 22 April 2025
JUDGMENT SENT TO THE PARTIES ON
2 May 2025
FOR THE TRIBUNAL OFFICE
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- Employment Tribunal Employment Tribunal Decision: Disability Discrimination and Reasonable Adju…
- Employment Tribunal Holiday Pay Claim Successful in Employment Tribunal Case
- Employment Tribunal Employment Tribunal Allows Unfair Dismissal Claim, But Compensation Reduced
- Employment Tribunal Employment Tribunal Rules on Age Discrimination and Disability Adjustments
- Employment Tribunal Late Unfair Dismissal Claim Allowed by Employment Tribunal
A snapshot of this collection — not a prediction of your case's outcome.
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- An employer must provide written itemised pay statements and cannot treat an employee unfavourably due to their disability or request unnecessary sick notes.
❌ Tends to be rejected
- A claimant must prove that their impairment substantially and long-term adversely affects their ability to carry out normal day-to-day activities to qualify as disabled.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tribunal found that the employer breached employment rights by failing to provide itemised pay statements and treated the worker unfavourably because of their disability.
Who was involved?
A disabled employee (the claimant) brought a case against their employer (the respondent).
How did the court decide, and why?
The tribunal considered evidence and arguments presented by both parties to determine if the employer had breached employment laws and discriminated against the worker.
Which laws or rules were applied?
The Equality Act 2010 and Employment Rights Act 1996 were key in this case.
What was the argument that mattered most?
Evidence of unfavourable treatment due to disability and failure to provide itemised pay statements were crucial arguments.
Was the decision for or against the person who brought the case?
The claimant partially succeeded in their claims.
What does this mean for someone in a similar situation?
Someone facing similar issues should seek legal advice to understand their rights and options.
What evidence or documents mattered?
Medical records, emails, and pay stubs were likely important pieces of evidence.
Can a decision like this be appealed?
Yes, decisions from employment tribunals can often be appealed to the Employment Appeal Tribunal.
Is it worth getting a solicitor for a case like this?
It is highly recommended to consult with a qualified solicitor for advice on such cases.